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Executive Orders Bill Lee (2019- )

1-1-2021

No. 79 AN ORDER PERMITTING REMOTE NOTARIZATION AND No. 79 AN ORDER PERMITTING REMOTE NOTARIZATION AND

WITNESSING OF DOCUMENTS BY EXTENDING EXECUTIVE WITNESSING OF DOCUMENTS BY EXTENDING EXECUTIVE

ORDER NO. 72, AS AMENDED ORDER NO. 72, AS AMENDED

Bill Lee

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Recommended Citation Recommended Citation Lee, Bill, "No. 79 AN ORDER PERMITTING REMOTE NOTARIZATION AND WITNESSING OF DOCUMENTS BY EXTENDING EXECUTIVE ORDER NO. 72, AS AMENDED" (2021). Executive Orders. 79. https://digitalcommons.memphis.edu/govpubs-tn-governor-bill-lee-eo/79

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STATE OF TENNESSEE

EXECUTIVE ORDER BY THE GOVERNOR

No. 79

RECEIVED

FEB 2 6 2021

Secretary of State Tre Hargett

AN ORDER PERMITTING REMOTE NOTARIZATION AND WITNESSING OF DOCUMENTS BY EXTENDING EXECUTIVE ORDER NO. 72, AS AMENDED

WHEREAS, on April 9, 2020, I issued Executive Order No. 26, which allowed for remote notarization and remote witnessing of documents, subject to compliance with certain procedures, so that Tennesseans could continue to engage in commerce and execute legal documents without requiring in-person contact that might lead to exposure to, or the spread of, COVID-19, and that order was extended by Executive Order Nos. 37, 52, 61, 64, 66, and 72; and

WHEREAS, an extension of the provisions of Executive Order No. 26 (as extended by Executive Order Nos. 37, 52, 61, 64, 66, and 72) through April 28, 2021, is necessary and appropriate to ensure that persons, and particularly populations especially vulnerable to COVID-19, can continue to avoid in-person contact to the greatest extent practicable while also making preparations to implement best practices for a safe return to in-person transactions; and

WHEREAS, in addition to the other emergency management powers granted by law, Tennessee Code Annotated, Section 58-2-107(e), provides that during a state of emergency, the Governor is authorized to suspend laws and rules regarding the conduct of state business if necessary to cope with the emergency, make orders concerning entry and exit and the occupancy of premises within an emergency area, and take measures concerning the conduct of civilians and the calling of public meetings and gatherings, among other things; and

WHEREAS, the temporary suspension of selected state laws and rules and the other measures contained herein are necessary to facilitate the response to the current emergency.

NOW THEREFORE, I, Bill Lee, Governor of the State of Tennessee, by virtue of the power and authority vested in me by the Tennessee Constitution and other applicable law, in light of the continuing state of emergency to facilitate the response to CO VID-19, do hereby order the following:

1. Definitions.

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a. "Document" as used in this Order means an instrument, trust, will, living will, durable health care power of attorney, durable power of attorney, deed, or other legal document;

b. "Signatory" as used in this Order means a person or persons who execute or sign ("execute", "executed", or "execution") a Document; and

c. "Witness(es)" as used in this Order means a person or persons who acknowledge, attest, or otherwise witness ("witness" or "witnessing") the execution or signing of a Document by a Signatory, and/or a person or persons who witness an act performed by another Witness(es).

2. Purpose. The purpose of this Order is to permit remote notarization and remote witnessing of Documents to allow persons to engage in commerce and execute legal documents without the need for in-person contact that creates the risk of exposure to or spread of COVID-19. The provisions of this Order should be liberally construed to effectuate this purpose.

3. Remote notarization and witnessing p rmitted. Any law, including, but not limited to, the common law, the provisions of Tennessee Code Annotated, Title 8, Chapter 16, and Titles 32, 34, 66, and 68, and any related rules, requiring a Signatory to execute a Document in the physical presence of, or while physically appearing before, a notary public or Witness( es), or requiring a Witness(es) to witness a Document in the physical presence of, or while physically appearing before, a notary public or another Witness( es), is hereby suspended to the extent necessary to permit remote notarization and remote witnessing under the following conditions:

a. Execution by a Signatory, witnessing by Witness( es), and notarization by a notary public, as applicable, must occur via real-time audio and visual communication means where the Signatory, the notary public, and Witness(es), as applicable, can see and hear one another simultaneously, including, but not limited to, videoconference technology such as Skype, FaceTime, Zoom, WebEx, and other similar communication technologies;

b. The Signatory, notary public, and Witness(es), as applicable, must each be physically located in Tennessee during the real-time audio and visual communication;

c. The notary public and Witness(es), as applicable, through use of the real­time audio and visual communication, must verify the identity of the Signatory, by personal knowledge or by government-issued identification at the time thatexecution occurs;

d. The Signatory and Witness(es), as applicable, must affirmatively

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identify on the real-time audio and visual communication the Document being executed and witnessed, as applicable;

e. The execution and witnessing, as applicable, must be captured sufficiently close on the real-time audio and visual communication for the notary public and Witness( es), as applicable, to observe;

f. The Document must include a provision stating that it was executed in compliance with, as applicable, Executive Order No. 26 by Tennessee Governor Bill Lee, dated April 9, 2020, Executive Order No. 37 by Tennessee Governor Bill Lee, dated May 12, 2020, Executive Order No. 52 by Tennessee Governor Bill Lee, dated June 29, 2020, Executive Order No. 61 by Tennessee Governor Bill Lee, dated August 28, 2020, Executive Order No. 64 by Tennessee Governor Bill Lee, dated September 29, 2020, Executive Order No. 66 by Tennessee Governor Bill Lee, dated October 28, 2020, Executive Order No. 72 by Tennessee Governor Bill Lee, dated December 22, 2020, and/or Executive Order No. 79 by Tennessee Governor Bill Lee, dated February 26, 2021; and

g. The execution, witnessing, or notarization of a Document, as applicable, mustbe memorialized by at least one of the following methods:

1. Counterparts. Persons who execute, witness, or notarize a Document, as applicable, while in different locations from one another execute, witness, or notarize separate signature pages in counterparts; or

11. Subs guent notarization r witnessing of original Docum nt. The Document is executed by the Signatory, and then the applicable notary public or Witness(es), or a combination thereof, subsequently notarizes or witnesses the original Document executed by the Signatory. Such notarizing or witnessing shall be deemed to be carried out at the time of the execution by the Signatory as long as the notarizing or witnessing is completed not later than ten calendar days from the date of the execution of the Document.

4. Onlin Nota Act. The provisions and requirements of the Online Notary Public Act, Title 8, Chapter 16, Part 3, are hereby suspended to the extent necessary to permit a notary public to remotely notarize a Document in accordance with this Order; provided, that nothing herein shall prevent an online notary public from electing to notarize a Document pursuant to the provisions of the Online Notary Public Act, and compliance with the Online Notary Public Act shall continue to have full force and effect under law.

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Suspension of laws that would limit a1 plication of ti]is Order. Any law, order, executive order, rule, or regulation that would otherwise limit the enforceability of this Order is hereby suspended, pursuant to Tennessee Code Annotated, Section 58-2-107.

Severability. If any provision of this Order or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this Order which can be given effect without the invalid provisionor application, and to that end the provisions of this Order are declared to be severable.

Term and effective date. This Order takes effect at 11 :59 p.m., Central Time, on February 27, 2021, and shall remain in effect until 11 :59 p.m., Central Time, on April 28, 2021.

IN WITNESS WHEREOF, I have subscribed my signature and caused the Great Seal of the State of Tennessee to be affixed this 26th day of February, 2020.

GOVERNOR ATTEST:

SEC!?~l.:ATE

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